HomeMy WebLinkAbout16-006 - Maul Foster & Alongi - Phase 1 Environmental Site Assessment (Duwamish Gardens)City of Tukwila Contract Number: 16 -006
Council Approval N/A
6200 Southcenter Boulevard, Tukwila WA 98188
CONSULTANT AGREEMENT FOR
ENVIRONMENTAL REVIEW SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City ", and Maul Foster & Alongi, Inc., hereinafter referred to as "the
Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter
specified.
1. Project Designation. The Consultant is retained by the City to perform a Phase 1
Environmental Site Assessment (Phase I ESA) in connection with the project titled Duwamish
Gardens.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending June 1, 2016, unless sooner
tenninated under the provisions hereinafter specified. Work under this Agreement shall
commence upon written notice by the City to the Consultant to proceed. The Consultant shall
perform all services and provide all work product required pursuant to this Agreement no later
than 45 days from this notice unless an extension of such time is granted in writing by the
City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $2,500.00 without express written modification of the Agreement signed by the
City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total- contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and
damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the Consultant's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of
this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at
law or in equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident. Automobile Liability
insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage
shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
CA revised : 1 -2013
Page 2
2. Commercial General Liability insurance with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be written on ISO occurrence form CG 00 01 and shall cover
liability arising from premises, operations, independent contractors and personal
injury and advertising injury. The City shall be named as an insured under the
Consultant's Commercial General Liability insurance policy with respect to the
work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Professional Liability with limits no less than $1,000,000 per claim and
$1,000,000 policy aggregate limit. Professional Liability insurance shall be
appropriate to the Consultant's profession.
B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they
shall be primary insurance with respect to the City. Any Insurance, self - insurance, or
insurance pool coverage maintained by the City shall be excess of the Consultant's
insurance and shall not be contributed or combined with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
D. Verification of Coverage. Consultant shall furnish the City with original certificates and
a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Consultant
before commencement of the work. Certificates of coverage and endorsements as required
by this section shall be delivered to the City within fifteen (15) days of execution of this
Agreement.
E. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds due
the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee b etween the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to
the Consultant, or any employee of the Consultant.
CA revised : 1 -2013
Page 3
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to
deduct from the contract price or consideration, or otherwise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, religion, creed, color, national
origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political
affiliation or the presence of any disability in the selection and retention of employees or
procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non - Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically understand and agree
that venue shall be properly laid in King County, Washington. The prevailing party in any
such action shall be entitled to its attorney's fees and costs of suit. Venue for any action
arising from or related to this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any
other provisions hereof and all other provisions shall remain fully enforceable. The provisions
of this Agreement, which by their sense and context are reasonably intended to survive the
completion, expiration or cancellation of this Agreement, shall survive termination of this
Agreement.
CA revised : 1 -2013
Page 4
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Courtney Savoie
Maul Foster & Alongi, Inc.
2001 NW 19th Avenue, Suite 200
Portland, OR 97209
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
s.
DATED this 41* day of ,S9-Y'l , 2016.
CITY OF TUKWILA
CONSULTANT
Printed Name:
.t.1.2.6.1,0_4,-) 7 . iNv%.-
Title: yv► tikod ✓ (, -C,
Approved as to Form:
it IAA)
Office of the City Attorney
CA revised : 1 -2013
Page 5
EXHIBIT A
INTRODUCTION
The site is located on a portion of King County parcel 1023049059, referred to as the Amalfi
property and located at 11231 East Marginal Way South, in Tukwila, Washington. The site
consists of approximately 17,000 square feet of land along the Duwamish River, and is
identified in the figure previously provided by the City of Tukwila.
SCOPE OF WORK
MFA will conduct a Phase I ESA at the above - referenced property. The scope of work is
designed to meet the .standard practice for conducting a Phase I ESA, contained in the
American Society for Testing and Materials (ASTM) Standard Practice E1527 -13, and the "all
appropriate inquiries" (AAI) standard under Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA) in 40 CFR Part 312. The Phase I ESA will be
directed by an environmental scientist with relevant education and experience in performing
Phase I ESAs. MFA has developed this scope of work for the Phase I ESA to provide the
necessary information regarding the potential for impacts to site environmental media,
permitting the user to satisfy one of the requirements to qualify for the bona fide prospective
purchaser, innocent landowner, and /or contiguous property owner limitations on CERCLA
liabilities.
The purpose of the Phase I ESA is to identify "recognized environmental conditions."
Recognized environmental conditions are defined in ASTM E1527 -13 as the presence or
likely presence of any hazardous substances or petroleum products on a property under
conditions that indicate an existing release, a past release, or a material threat of a release of
any hazardous substances or petroleum products into structures on the property, or into the
ground, groundwater, or surface water of the property. The term includes hazardous
substances or petroleum products used even under conditions in compliance with the laws.
The term is not intended to include de minimis conditions that generally do not present a
material risk of harm to public health or the environment and that generally would not be the
subject of an enforcement action if brought to the attention of appropriate governmental
agencies.
MFA will conduct AAI regarding the potential for recognized environmental conditions at
the property. AAI means an appropriate level of assessment, balancing time and cost
demands with an adequate reduction in uncertainty regarding unknown conditions as
consistent with CERCLA § 101(35) (B) (iii).
The scope of work for the Phase I ESA specifically excludes evaluation of the following
issues: asbestos - containing building materials; radon; lead -based paint; lead in drinking water;
wetlands; regulatory compliance; cultural and historic resources; industrial hygiene; health and
safety; ecological resources; endangered species; indoor air quality; biological agents; toxic
fungus; mold; and high- voltage power lines.
No environmental assessment can wholly eliminate uncertainty regarding the potential for
recognized environmental conditions in connection with a property. Performance of a Phase
I ESA is intended to reduce, but not eliminate, uncertainty regarding the potential for
recognized environmental conditions in connection with a property.
Review Regulatory Agency Records
MFA will retain a subcontractor to search publicly available state and federal environmental
databases within the ASTM - specified distances.
MFA assumes spending up to two (2) hours reviewing environmental records and /or reports
provided by the Client. This proposal includes completion of a regulatory file request for the
property and /or adjacent properties if identified in the standard environmental databases.
MFA will review regulatory files received before the conclusion of the agreed -upon
timeframe for this scope of work.
Historical Land Use
MFA will review available sources of historical land use information to develop a chronology
of the property's development and operational history. MFA's scope of work and cost
estimate does not include reviewing the history of adjoining properties.
MFA will use standard sources of historical information to identify prior uses of the property.
MFA will consult one or more of the following standard historical sources:
• Aerial photographs
• Fire insurance maps
• Property tax files
• Recorded land title records (if provided by client)
• U.S. Geological Survey 7.5- minute topographic map
• Local street directories
• Building department records
• Zoning /land use records
• Fire marshal records
• Previous prior usage assessments
• Other historical sources
Site Reconnaissance
A site reconnaissance will be conducted to obtain information that may suggest evidence of
recognized environmental conditions in connection with the property. MFA will need
authorization to access the site. During the site visit, MFA will observe the uses and
conditions of the property, consistent with ASTM E1527 -13, to the extent that they can be
visually or physically observed.
\ \mfaspdx-fs1 \ data.net \ Projects \P0085.04 City of Tukwila \01_Amal& Phase I ESA \Contract \Pf- ]3xhibits A and B.docx
The periphery and interior of the property will be visually observed, as well as the periphery
of all structures on the property. The accessible areas inside structures will be observed; MFA
will not look under floors, above ceilings, or behind walls. The property and adjoining
properties will also be viewed from adjacent public thoroughfares.
Interviews
For purposes of this Phase I ESA, MFA will attempt to interview current and past property
owners and operators. MFA may also attempt to contact current and /or past owners and
operators of adjacent properties that may have environmental issues. The objective of the
interviews is to obtain information indicating recognized environmental conditions in
connection with the property.
The interviews may be by telephone, in person, or in writing. The questions asked during the
interview will attempt to obtain information about uses and conditions of the property and to
identify the presence of recognized environmental conditions, as well as to evaluate the
potential for contamination. MFA will attempt to schedule the interviews to coincide with the
site reconnaissance, if appropriate.
MFA will also make a reasonable attempt to interview at least one government official by
telephone concerning the property. The official will be from one of the following agencies:
• Local or state agencies having jurisdiction over hazardous -waste disposal or
hazardous- substance releases
• Local fire department that serves the property
• Local health department or state department of health
Phase 1 ESA Report Preparation
MFA will prepare a signed Phase I ESA report that generally follows the recommended
format in ASTM E1527 -13 and will provide it electronically. The Phase I ESA report will
identify the environmental professional(s) involved in conducting the ESA. A statement of
each professional's qualifications will also be attached. Hard copies and /or CD copies of the
report can be provided, if requested, but will result in additional charges not included in
MFA's estimated budget.
\ \mfaspdx- fs1 \data.net \ Projects \P0085.04 City of Tukwila \O1_Amalfi Phase 1 ESA \Contract \Pf - Exhibits A and B.docx
EXHIBIT B
COST ESTIMATE
The estimated cost to perform the proposed work is $2,500. The cost estimate will not be
exceeded without prior authorization.
SCHEDULE OF CHARGES
PERSONNEL CHARGES
Principal $130 — 250 /hour
Senior $110 - 170 /hour
Project $95 - 140 /hour
Staff $70 - 110 /hour
GIS Professional $90 - 180 /hour
Drafter /CADD Operator $70 - 95 /hour
Technical Writer /Editor $70 - 85 /hour
Administrative Assistant $60 - 85 /hour
Depositions and expert witness testimony, including preparation time, will be charged at 200
percent of the above rates.
Travel time will be charged in accordance with the above rates.
OUTSIDE SERVICES
Charges for outside services, equipment, and facilities not furnished directly by Maul Foster &
Alongi, Inc. will be billed at cost plus 10 percent. Such charges may include, but shall not be
limited to the following:
Printing and photographic reproduction
Rented equipment
Rented vehicles
Shipping charges
Transportation on public carriers
Meals and lodging
Special fees, permits, insurance, etc.
Consumable materials
SUBCONTRACTORS
Charges for subcontractors will be billed at cost plus 15 percent.
\ \mfaspdx- fsl \data.net \ Projects \P0085.04 City of Tukwila \01_Amalfi Phase I ESA \Contract \Pf - Exhibits A and B.docs
DIRECT CHARGES
Vehicle per mile $0.75
COMPUTER CHARGES
CADD, ArcGIS $20.00 /hour
EQuIS, EVS, Modeling Applications $30.00 /hour
FIELD EQUIPMENT
The rates for field equipment are set forth in the Field Equipment Rate Schedule.
DOCUMENT PRODUCTION
The rates for document production are set forth in the Document Production Rate Schedule.
RATE CHANGES
Schedule of Charges and Standard Equipment Rates are subject to change without notice.
BILLING AND PAYMENT
Invoices will be submitted monthly and shall be due and payable upon receipt. Interest at the rate
of one and one -half percent (1.5 %) per month, but not exceeding the maximum rate allowable by
law, shall be payable on any amounts that are due but unpaid within (30) days from receipt of
invoice, payment to be applied first to accrued late payment charges and then to the principal
unpaid amount.
\ \mfaspdx -fs1 \data.net \ Projects \P0085.04 City of Tukwila \01_Amalfi Phase I ESA \Contract \Pf - Exhibits A and B.docx